Brij Mohan Lall, J. - (1.) This is a second appeal by the judgment-debtors against a decision given in execution proceedings by the learned District Judge of Lucknow upsetting a decision of the learned Munsif Havali, Lucknow. Ram Naresh and Anr. vs. Ganesh Mistri (23.08.1951 - ALLHC) Page 1 of 3
(2.) The respondent brought a suit to recover a sum of Rs. 1300 against the appellants. During the pendency of the suit the appellants' residential house situate in village Arjunpur and a grove were attached before judgment. On the date of hearing, the suit was compromised and on the basis of that compromise the following judgment was delivered by the Court: "The suit of the plaintiff is decreed for Rs. 1,100 only on admission of the defendants with proportionate costs on uncontested basis. Future interest shall run at 3 per cent. per annum after the expiry of 6 months, if the amount is not paid within 6 months. The house and the grove which have been attached shall continue to be attached till the amount is paid off." No payment was made by the appellants, The result was that the respondent put the decree into execution and sought the sale of the grove and the house. The appellants filed an objection under Section 47, Civil P. C. contending that the house and the grove could not be sold in execution of the decree, This appeal is confined to the house only. The learned Munsif allowed the objection and held that the house was exempt from sale under Section 60 (c), Civil P. C. The learned District Judge differed from the Munsif and held that the house was saleable. Hence this second appeal by the judgment debtors.
(3.) Two points were conceded by the decree-holder before the learned District Judge and they are conceded before me also, namely, that the appellants are agriculturists within the meaning of the term as used in Section 60, Civil P.C., and that they have got no other house than the one which is under attachment.;